Client Alert: Virginia Department of Labor and Industry COVID Proposed Rules
Date: June 25, 2020
On Wednesday, June 24, 2020, the Virginia Safety and Health Codes Board (“Board”) of the Virginia Department of Labor and Industry met to discuss the adoption of the proposed COVID-19 workplace safety regulations previously highlighted in our June 18 Client Alert below. The Board did not vote on the proposed regulations, but addressed several procedural matters moving the Board closer to approving new regulations in the near future. The Board anticipates holding another meeting the week of June 29, 2020 where it may vote on approving final regulations, although a meeting date has not been announced.
WTP’s Labor & Employment Team continues to closely monitor this rulemaking process. Watch this space for additional updates.
Last Friday, June 12, 2020, the Safety and Health Codes Board of the Virginia Department of Labor and Industry published proposed emergency temporary rules for all employers covered by the Virginia Occupational Safety & Health program in response to the COVID-19 pandemic. The Board is currently accepting comments on the proposed rules and will consider adopting the proposed rules at its meeting on June 24, 2020.
The proposed rules create new workplace-safety requirements in an effort to combat the spread of the SARS-CoV-2 virus that causes COVID-19. The proposed rules outline general requirements for all employers and some additional requirements for certain workplaces deemed “very high-risk,” “high-risk,” and “medium-risk.”
Some of the major requirements for all employers include:
- Ensuring mandatory social distancing of six-feet at all times;
- Notifying employees within 24 hours if an employee tests positive for COVID-19;
- Sanitizing of workspaces and common areas by employers and employees periodically throughout the day; and
- Creating a timetable for when an employee can return to work after testing positive or experiencing symptoms of COVID-19.
The proposed rules will place additional regulations on employers with workplaces deemed “very high-risk,” “high-risk,” and “medium-risk.”
“Very high-risk” and “high-risk” workplaces are those with high potential for employees to be exposed to COVID-19. These workplaces include those found in the following industries: healthcare, mortuary services, and public safety.
“Medium-risk” workplaces are those that require more than minimal occupational contact inside six-feet with other employees or the general public who may be infected with COVID-19. These fields include poultry and meat processing, agriculture, transportation, education, hospitality, retail, corrections, and recreation.
“Very high-risk” and “high-risk” workplaces are those with high potential for employees to be exposed to COVID-19. These workplaces include those found in the following industries: healthcare, mortuary services, and public safety.
“Medium-risk” workplaces are those that require more than minimal occupational contact inside six-feet with other employees or the general public who may be infected with COVID-19. These fields include poultry and meat processing, agriculture, transportation, education, hospitality, retail, corrections, and recreation.
In addition to the requirements applicable to all employers, “very high-risk,” “high-risk,” and “medium-risk” employers may be required to:
- Screen employees for COVID-19 symptoms at the start of their shift;
- Erect physical barriers to separate employees from other employees and from the general public when possible;
- Allow for alternative work arrangements (e.g., teleworking, staggered shifts);
- Provide personal protective equipment (PPE) to employees (e.g., masks, sanitation stations, respirators);
- Ensure air-handling systems are properly installed and operated; and
- Provide training to employees regarding COVID-19 symptoms and preventative measures.
WTP’s Labor & Employment Team is closely monitoring this rulemaking process. When final rules are approved by the Virginia Department of Labor and Industry, our attorneys will be available to help your business navigate this new landscape.
The information contained here is not intended to provide legal advice or opinion and should not be acted upon without consulting an attorney. Counsel should not be selected based on advertising materials, and we recommend that you conduct further investigation when seeking legal representation.